CHAPTER 2. BOATS AND OTHER WATERCRAFT LIENS
IC 32-33-2
Chapter 2. Boats and Other Watercraft Liens
IC 32-33-2-1
Liability for liens
Sec. 1. All boats, vessels, and watercraft of every descriptionfound in the waters of Indiana, including wharf boats and floatingwarehouses that are used for storing, receiving, and forwardingfreights and that may be removed from place to place at the pleasureof the owner or owners of the watercraft, are liable for the following:
(1) A debt contracted within Indiana by the master, owner,agent, clerk, or consignee of the watercraft:
(A) on account of supplies furnished for use of the master,owner, agent, clerk, or consignee;
(B) on account of work done or service rendered for themaster, owner, agent, clerk, or consignee by boatmen,mariners, laborers, or other persons; or
(C) on account of work done or materials furnished inbuilding, repairing, fitting out, furnishing, or equipping theboat, vessel, wharf boat, floating warehouse, or watercraft.
(2) All demands or damages arising out of:
(A) a contract of affreightment made either within or outsideIndiana;
(B) a willful or negligent act of the master, owner, or agentof the master or owner done in connection with the businessof the boat, vessel, wharf boat, floating warehouse, or otherwatercraft either within or outside Indiana; or
(C) a contract relative to the transportation of persons orproperty entered into by the master, owner, agent, clerk, orconsignee either within or outside Indiana.
(3) An injury to a person or property by the boat, vessel,wharf-boat, floating warehouse, or other watercraft, or by theowners, officers, or crew, done in connection with the businessof the boat, vessel, wharf boat, floating warehouse, or otherwatercraft either within or without outside Indiana.
As added by P.L.2-2002, SEC.18.
IC 32-33-2-2
Claims arising out of contracts, wrongs, or injuries
Sec. 2. A claim growing out of a cause set forth in section 1 ofthis chapter, whether arising out of contracts made or broken withinor outside Indiana, or wrongs or injuries done or committed withinor outside Indiana, is a lien upon the boat, vessel, or other watercraft,and upon the apparel, tackle, or furniture and appendages, includingbarges and lighters, that belong to the owners of the boat, vessel, orother watercraft and are used with the boat, vessel, or otherwatercraft at the time the action is commenced.
As added by P.L.2-2002, SEC.18.
IC 32-33-2-3 Preference of liens
Sec. 3. A lien provided for in section 2 of this chapter takespreference of any claims against the boat itself or all or any of itsowners, masters, or consignees growing out of any other cause thanthose set forth in section 1 of this chapter and, as betweenthemselves, mariners' and boatmens' wages shall be first preferred.
As added by P.L.2-2002, SEC.18.
IC 32-33-2-4
Enforcement of lien; complaint; requisites; order of attachment
Sec. 4. (a) Any person aggrieved by a cause set forth in section 1of this chapter may have an action against the boat, vessel, or otherwatercraft in the county where the boat, vessel, or other watercraftmay be found, or against the owners of the boat, vessel, or otherwatercraft, to enforce a lien provided for in section 2 of this chapter.
(b) If the complaint in the action shows:
(1) the particulars of the demand;
(2) the amount due; and
(3) a demand made upon the owner, master, clerk, or consigneeand refusal of payment, and verified by the affidavit of theplaintiff or other person in the plaintiff's behalf;
an order of attachment shall be issued by the clerk against the boat,vessel, or other watercraft and the tackle and furniture of the boat,vessel, or other watercraft. The order of attachment must be directed,executed, and returned as an order of attachment in other cases.
As added by P.L.2-2002, SEC.18.
IC 32-33-2-5
Joinder of plaintiffs in complaint
Sec. 5. In all actions contemplated in section 4 of this chapter, allor any of the persons having demands described in section 4 of thischapter may join in a complaint against the boat, vessel, or otherwatercraft either at the commencement of the action or at any timeafterwards, before judgment, upon filing the requisite complaint andaffidavit.
As added by P.L.2-2002, SEC.18.
IC 32-33-2-6
Proceedings; judgment; execution
Sec. 6. In an action under this chapter, proceedings shall be hadand judgment rendered and enforced by execution or other propermeans.
As added by P.L.2-2002, SEC.18.
IC 32-33-2-7
Undertaking discharging attachment
Sec. 7. (a) If the defendant master, owner, or consignee, beforefinal judgment, gives a written undertaking payable to the plaintiff,with surety to be approved by the clerk or sheriff, to the effect thatthe defendant will perform the judgment of the court, the attachment
shall be discharged and restitution made of the boat, vessel, or otherwatercraft.
(b) A person who executes a written undertaking under subsection(a) shall, by order of the court, be made a defendant in the actioninstead of the boat, vessel, or other watercraft, and the action shallproceed to final judgment as in ordinary actions in personam. If arecovery is had by any of the plaintiffs, judgment shall be renderedagainst all defendants for the sum recovered.
As added by P.L.2-2002, SEC.18.
IC 32-33-2-8
Service of summons
Sec. 8. In cases arising under section 1 of this chapter, thesummons may be served upon:
(1) the officer or consignee making the contract;
(2) if the officer or consignee cannot be found, upon the clerk;
(3) if neither the officer, the consignee, nor the clerk can befound, upon any other officer of the boat, vessel, or watercraft,or any person having charge of the boat, vessel, or watercraft;or
(4) if the summons cannot be served under subdivision 1, 2, or3, by affixing a copy of the summons in some conspicuousplace in the boat, vessel, or watercraft.
As added by P.L.2-2002, SEC.18.